Plea entered in Mardi Gras case

From the Spartan Daily
April 19, 2006

A San Jose State University student pleaded not guilty at her arraignment Monday morning at the Santa Clara County Superior Court to a charge of battery on a officer, stemming from a March 1 incident at a downtown Mardi Gras celebration.

Natasha Burton said she was heading home to Campus Village shortly after midnight when she was arrested for resisting arrest.

Burton filed a complaint with the SJPD internal affairs office alleging that Officer Shawn Rocha used excessive force on her.

According to the Santa Clara County District Attorney's office, she is being charged with a misdemeanor penal code 243(b), "battery on peace officer."

"The allegation is that the defendant slapped the officer or his person," said Michael Fletcher, supervisor of the misdemeanor department of the district attorney's office, in a phone interview.

According to her booking statement, she was arrested under Penal Code 148, which gives an officer the right to arrest somebody who "willfully resists, delays, or obstructs any public officer."

Burton said she was not informed that her charge was changed. Burton said the officer who drove her to the police station said the report stated Burton hit the officer's chest.

"The D.A.'s office can amend (the charges) any way they want," said Enrique Garcia, public information officer for the San Jose Police Department.

Burton's attorney, Kevin Reese, entered a plea of not guilty to Judge Mark Pierce at 9 a.m. Monday at the superior court.

Reese said he and Burton will return to court for a May 2 pretrial conference and will get a trial date soon after.

"The case may be settled by then, or they may dismiss the charges - hopefully," Reese said.

Fletcher said most misdemeanor cases are settled before they go to trial.

The prosecuting D.A. for Burton's case, Tony Piazza, was unavailable for comment.

"If the reports are an inaccurate account of what happened, it's in the defendant's best interest to settle," Fletcher said.

When a defendant pleads the charges before they go to trial, he can be punished less than the law proscribes, he explained. If the district attorney finds the police's account was inaccurate, the charges are dropped.

"If we can't prove a case or they're innocent, we dismiss the charges," Fletcher said.

Burton went to the Hedding Street courthouse accompanied by her mother, father, attorney and a member of the NAACP executive board.

Burton's mother said she has been in law enforcement for nine years in southern California, but requested her name not be used because of the nature of her work.

"I know she didn't do the things they said she did," said Burton's mother. "I'm looking for justice."

The Rev. Jeff Moore, an executive board member of the San Jose NAACP, was present in court "to make sure (Burton) is fairly treated." Moore said there is a deeper problem with how minorities are treated downtown.

"We want to make sure our black citizens of San Jose are treated fairly," Moore said.

Moore said he plans to talk to San Jose Police Chief Rob Davis about Burton's case.

"In the interest of justice, this case should be dropped," Moore said.